John M. Doe contested a will and it went to jury trial.  The…

John M. Doe contested a will and it went to jury trial.  The jury rendered a verdict against him (he lost).  In the judgement issued by the Probate Judge it stated that John was to pay court costs and attorney fees to the attorney that represented the estate.  John is terribly distraught and feels this is an injustice.  TRUE/FALSE: John must pay costs as is stated under the provisions of the Code of Alabama because he was the contesting party and the case failed. 

The following question is a “multiple answer” type question….

The following question is a “multiple answer” type question.  Please read the hypothetical scenario and choose the correct (TRUE) answers related to the scenario.  You will receive partial credit for any correct response (graded after the closing of the test).   Mary Mack was diagnosed with dementia.  Mary did not have a Last Will and Testament.  Mary’s daughter, Betty Mack, understood that it was very important for Mary to execute a will before it was too late for Mary to understand the nature of what she was doing.  Betty call an attorney and arranged to have an attorney draw up a will for her mother.  Mary’s sister Lucy decided to challenge the validity of the will shortly after Mary Mack died.  Lucy said that Betty took advantage of their mother; that she made her draft a will, and that she didn’t understand what she was agreeing to or signing.  Lucy claimed that her mother, Mary Mack, lacked the mental capacity to create a will.  The attorney that drafted the will had made certain that the will was signed in accordance with applicable laws. Mary’s witnesses claimed that Mary seemed to understand what she was signing.  Lucy filed a complaint to contest the will continuing to argue that her mother, Mary Mack, lacked the requisite mental capacity to execute the will.  In determining the testamentary capacity of Mary Mack, the court will most likely consider which of the following: